The detainee applied for habeas corpus with certiorari in aid seeking release from immigration detention pending execution of a deportation order under the Immigration and Refugee Protection Act.
The Attorney General of Canada moved to stay the application under s. 106 of the Courts of Justice Act on the basis that the matter should proceed in the Federal Court.
The court held that the Federal Court was the appropriate forum because Parliament created a comprehensive statutory scheme for review of immigration detention decisions, including judicial review in that court.
The detainee already had an active Federal Court proceeding seeking similar relief, and the Federal Court possessed expertise and comparable ability to address the issues.
The Ontario Superior Court therefore exercised its discretion to decline jurisdiction and stayed the habeas corpus application.
